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TMI Blog2021 (7) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A). Therefore, we do not find any infirmity in the order of Ld. CIT(A) as the order passed under section 154 of the Act is without valid jurisdiction and AO has obviously exceeded the jurisdiction. Accordingly, ground No.2 raised by the Revenue is dismissed. - ITA No.6002/M/2019 - - - Dated:- 23-6-2021 - Shri Saktijit Dey, Judicial Member And Shri Rajesh Kumar, Accountant Member For the Assessee : None For the Revenue : Ms. Smita Verma, D.R. ORDER PER RAJESH KUMAR, ACCOUNTANT MEMBER: The present appeal has been preferred by the Revenue against the order dated 14.06.2019 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10. 2. At the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by the AO but was not found tenable as the mistake proposed to be rectified was a mistake apparent from record. Accordingly, the AO passed the rectification order u/s.154 of the IT Act, 1961 determining the total income of the assessee at ₹ 30,08,280/- by making addition of ₹ 1,31,893/- towards disallowances for bogus purchases and Rs, 6,46,367/- towards depreciation claimed. The assessee was aggrieved with the order passed u/s. 154 of the Act by the A.O. and went in appeal before the Ld. CIT(A). 5. In the appellate proceedings the Ld. CIT(A) allowed the appeal of the assessee by holding and observing as under: 4.1.1 Vide this ground the appellant has challenged the legality of passing the rectification order u/s.154 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here there is a mistake apparent from record and in no way constitutes any change in the opinion of the Id. Assessing Officer at a later stage. In other words, once the basis/foundation of addition is made in the original assessment order then the same basis/foundation cannot be altered under the garb of provisions of section 154 of the Act. In the present case, the Id. Assessing Officer had earlier made an assessment of the profit element of 12.50% on the alleged fixed assets in the original assessment order whereas in the order passed u/s 154, the Id. Assessing Officer completely changed his stand to disallowance depending on such fixed assets which clearly indicates the change in opinion of the Id. Assessing Ofiicer in making the additio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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